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PROPERTY-LIABILITY INS. GUARANTY ASS'N v. HILL INTERNATIONAL, INC.

928 A.2d 836 (2007)

395 N.J. Super. 196

NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, Plaintiff-Appellant, v. HILL INTERNATIONAL, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 2007.

Attorney(s) appearing for the Case

Peter A. Olsen argued the cause for appellant New Jersey Property-Liability Insurance Guaranty Association (Francis & Berry, attorneys; Mr. Olsen, of counsel and on the brief).

David L. Braverman, Philadelphia, PA, argued the cause for respondent Hill International, Inc. (Braverman Kaskey, attorneys; Mr. Braverman, of counsel and on the brief).

Adam R. Schwartz, Morristown, argued the cause for respondent Fidelity & Deposit Company of Maryland1 (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Schwartz, of counsel; Jonathan P. Vuotto, on the brief).

Before Judges CUFF, FUENTES and BAXTER.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we are required to determine whether the New Jersey Property-Liability Insurance Guaranty Association (PLIGA) is liable for a claim filed by the issuer of a surety bond, which acted as the guarantor of the performance of a subcontractor in a school construction project. PLIGA argues that under its legislatively created role as the insurer of last resort, it is not obligated to pay such...

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